Search results for bikes have rights

Red-light running(?) cyclist killed in San Bernardino; another slap on wrist for killer hit-and-run driver

January 10, 2012 / / 5 comments

Just 10 days into the new year, we’ve already had our second cycling fatality.

According to the Riverside Press-Enterprise, 61-year old San Bernardino resident Bernard F. Culbertson was hit by a vehicle driven by an unlicensed driver while riding at 5:31 Monday morning, and died of his injuries nearly 22 hours later.

Culbertson was reportedly riding without lights an hour before sunrise when he crossed North Waterman Ave headed west on Third Street, and was hit by a car driven by Benito Bustos-Gonzalez of Fontana.

Police report that Bustos-Gonzalez had the green light, suggesting that Culbertson ran the red light; however, there is no indication whether that was observed by independent witnesses or reported by the driver.

It’s a common problem in bike collisions that the victim is killed or incapacitated, and unable to give police their version of events. As a result, barring other witnesses, police are often forced to rely on statements given by the drivers involved, who have an incentive to cast events in the most favorable light.

The paper reports that investigators have not indicated if Bustos-Gonzalez will be charged or ticketed, but notes that jail records show no indication of an arrest.

This is the second fatality in Southern California so far this year, and the first in San Bernardino County.

……..

The Ventura County Star reports that Shannon Richard was sentenced to 270 days in county jail and three years probation for the hit-and-run death of Jose Louis Carmona last year.

That’s significantly less than the two yeas the D.A. had asked for, or even the one year prison and five years probation the probation department had recommended.

Richard hit and killed Carmona as he was walking his bike along PCH near Faria Beach Road; she was arrested at her home after fleeing the scene, reportedly telling police she thought she hit an animal.

Of course, hitting an animal isn’t likely to explain why she felt the need immediately begin drinking again as soon as she returned home, muddying the results of the blood alcohol test after she had admitted drinking a few beers before driving home.

Pro tip: begin drinking as soon as possible following a collision so police won’t be able to establish what your BAC was at the time of the collision.

On the other hand, Carmona was wearing dark clothes with no lights on his bike, with a BAC of .20, and may — or may not — have been walking in the traffic lane at the time of the fatal collision.

……..

Our anonymous OC/South Bay court case reporter writes that the arraignment for Danae Miller in the death of world-class tri-athlete Amine Britel has been pushed back until February 27.

That’s almost exactly one year after Miller ran Britel down while he was riding in a Newport Beach bike lane in allegedly drunken/distracted collision.

……..

That same anonymous source also notes that the “private jail” where Adam Garrett has been allowed to serve his 180 day sentence for the hit-and-run death of Hung Khac Do — when he’s not out for work, school or church — is actually a halfway house in a converted apartment building.

And he’s not actually incarcerated yet, as the judge generously gave him until April 10th to begin his sentence, so he could wait until a spot opens up for him.

And that 180 days actually turns out to be just 90, since the judge generously stayed half of it. And if Garrett keeps his nose clean for just one full year, his felony conviction will be reduced to a misdemeanor.

Slap, meet wrist.

No wonder people continue to die on our streets, and drivers continue to ignore the legal requirement to stop at the scene of a collision, when we can’t even get the courts to take it seriously when an innocent person gets killed.

……..

She also notes that five of the 50 organ donors featured on the Donate Life float in the recent Rose Parade were killed while bicycling. That’s not to say cycling is dangerous; you could just as easily die sitting on your sofa as on your bike.

But no one gets out of this world alive.

And however I go, I want some good to come out of it.

……..

LAist reports that a driver has been arrested on hit-and-run charges after hitting a cyclist in Monrovia last night. Jason Travers allegedly fled after hitting the victim from behind at Violet Ave and Foothill Blvd around 6 pm.

Fortunately, the rider was not seriously injured.

……..

A Colorado driver has been sentenced to eight-years in prison for a fatal hit-and-run — despite beating a DUI charge for the same incident.

Maybe someday California courts will take hit-and-run cases that seriously.

……..

Finally, Bike lawyer Bob Mionske writes about when you need lights on your bike and why. And yet another anti-bike bigot broadcaster, this time a Brit, blathers about his hated of bikes.

Who knew we are responsible for global warming by forcing speeding drivers to actually slow down for a few seconds?

Category: Bicycle Safety, Bikes & the Law, Injuries and Fatalities, Legal Cases / Tags: , , , , , , , ,

Dahab arraigned, CA cops under no obligation to investigate or report, and Santa left a bunch of links

December 28, 2011 / / Comments Off on Dahab arraigned, CA cops under no obligation to investigate or report, and Santa left a bunch of links

Catching up on lots of bike and semi-bike related stuff left over from the pre- and post holiday madness.

……..

Cyclist and attorney Dj Wheels attended the arraignment hearing for Christine Dahab, the driver accused in the allegedly drunken/distracted collision that injured 11 or more riders in Culver City last June.

At the arraignment, Dahab’s attorney entered a not guilty plea on her behalf and set a date of January 13, 2012 for a preliminary setting at 8:30am in Dept. 142.

When the issue of setting bail came up the defense attorney suggested the bail NOT be set at the scheduled guideline amount of over 300k and that the court use its discretion in setting bail at an amount between 50-60k, which would be fair considering a number of factors that he says showed that Dahab was not a danger to society nor a flight risk, such as: she has a 7 yr old daughter to care for, she has lived and worked on the Westside of LA her whole life, currently works as a server at a restaurant in Marina Del Rey, the fact that the collision was the result of carelessness and not purposeful intent to harm, she has no prior convictions whatsoever, only had a .07 BAC, police reports indicate that perhaps cyclists were also at fault for being in the roadway and standing under a streetlight that was out.

After a sidebar with the Judge and attorneys, the prosecutor objected citing the numerous serious injuries, the fact that the .07 was recorded hours after the incident occurred and most likely was above the legal limit at the time.  The DA also noted that there were open containers of alcohol in the vehicle as well as empty prescription bottles for medical marijuana and even an empty Yoshinoya cup that also had traces of alcohol in it.  He insisted that the bail be set at the suggested scheduled amount per the guidelines.

Ultimately the judge agreed that bail needed to be set, but not at the amount suggested by defense counsel. So she set it at 100,000. Dahab was taken into custody at the end of the hearing. She had a group of five or six people there with her including what appeared to be a mother and a boyfriend.

Christine Dahab was released after posting a bond on her 100k bail sometime in the early afternoon, according to the Sheriff’s inmate locator page.

Wheels suggests it could take some time for Dahab’s attorney to dig through all the various — and possibly conflicting — reports from the LAPD and CCPD in this case.

So I wouldn’t count on an early resolution.

……..

Meanwhile, Century City bankruptcy attorney and cyclist Stanley E. Goldich sends word that a California court has ruled that police officers are under no obligation to gather information or file a report on a collision — even if they promise the victim they will.

A California Court of appeal ruling relating to a collision between a car and motorcycle on Encinal where the police officer covered up and destroyed the information on the driver of the car who hit the motorcyclist.  The Court held there was no liability because (1) there was no duty to file a report – the CHP Accident Manual requiring filing of a report did not have the force of law, (2) the fact that policeman promised to get the information on the driver and the injured motorcyclist relied on this did not create a special relationship and (3) there was no tort claim for spoliation of evidence because of the immunity of the government.

As Goldich points out, it’s worth knowing that you can’t always rely on the police to get the necessary information following a collision, even if there’s a serious injury.

Actually, it’s kind of scary.

He adds that he stopped at the scene of a recent collision on Ocean Ave in Santa Monica in which a rider in the bike lane was right-hooked by a driver attempting to pull into a parking space.

Since the rider was not seriously injured, the police told Goldich they wouldn’t be filing a report — leaving the cyclist on his own to gather information. And a little too late, since the only witness had already left the scene, and the driver was refusing to admit anything.

Fortunately, the victim had a working GPS which should provide evidence of how the collision occurred. But it’s just another example of how you can’t always count on the police to provide the information you need following a collision.

And it’s up to you to get the driver’s license and insurance information, as well as contact information for any witnesses — even if you’re still confused or in pain following the impact.

……..

A couple of interesting looks at becoming a bike commuter, as L.A. expat Amanda Lipsey relates her journey to a car-free lifestyle and Development Director for Adventure Cycling. And a DC writer says it takes a village.

……..

Writing for the Wall Street Journal, sportswriter Jason Gay says everyone should get lit this New Years. At least when it comes to biking.

Don’t let anyone tell you that lights aren’t cool. Here’s what’s not cool: ambulance rides.

This easy resolution may save your life, without you even realizing it.

I’ve kind of avoided the Journal since Rupert took over. But as long as Mr. Gay sticks around, I may want to take another look.

……..

Great feature in the new Los Angeles Magazine on UCLA professor and parking rock star Donald Shoup and the high toll automobile parking takes on cities — especially right here in Los Angeles, with more parking per acre Downtown than any other city on earth.

……..

L.A. bike advocate and recent candidate for city council Stephen Box celebrates the holidays as a proud new papa. Cyclists aren’t always the good guys, as a bike rider shoots and kills a man in South L.A. Richard Risemberg criticizes the same crumbling Imperial Highway bike lanes I wrote about last March. A Santa Monica columnist criticizes “arrogant creeps” and “clowns” on “multi-speed bikes” after a bad experience with a jerk on the beachfront bike path. Warner Center envisions new bike and walking paths to connect with the L.A. River. Canoga Park gets more bike racks. Claremont forms a new community bike group, with an inaugural ride Sunday, January 8th; link courtesy of the Claremont Cyclist. Claremont’s Safe Routes to School program will be sponsoring a League of American Bicyclists-approved bike safety training program for adult riders at the end of next month.

An Orange County cyclist was critically injured in a Santa Ana collision Christmas evening. A 12-year old San Diego boy suffers a broken leg when his bike is struck by a hit-and-run driver. San Diego’s Brown Girl in the Lane strikes a chord with readers around the world as she takes Vehicular Cyclists to task, and more than once. Cyclocross comes to Cal State San Marcos next month. Cyclelicious looks at the conflicts between cyclists and the Santa Cruz Sierra Club. San Jose firemen fix up a tricycle to give to a disabled friend.

Bob Mionske takes Californian Governor Jerry Brown to task for endangering cyclists by joining Texas Governor Rick Perry as the only state leaders to veto the three-foot passing law. Apparently, American youth have fallen out of love with the automobile. Bicycling (upper case) offers 101 things they love about bicycling (lower case). Bicycling’s Neil Bedzek says maybe it’s time to hang up his headphones for good. How to straighten steel bike forks. A Minnesota cyclist gets left hooked, then ticketed for improper crossing of a roadway. A New York Councilmember promises a continued crackdown on cyclists next year. Next on your reading table, a new collection of short fiction centered around bikes.

A secret Canadian base trained bicycling spies in WWII. The BBC names reigning world champ Mark Cavendish as their sports personality of the year. Fascinating views of an empty London on Christmas morning. London fails — by a wide margin — to meet their target goals for reducing bike fatalities and serious injuries by half over 1990’s levels. UK stats suggest bike fatalities increase during economic downturns; SoCal figures for this year certainly support that thesis. A new Aussie study suggests Sydney cycling rates could double if mandatory helmet laws were repealed. A Chinese ebike rider survives a direct hit by a speeding truck in a graphic video.

Finally, great advice on what to do if you’re the victim of a collision.

When the police ask if you’re injured, the correct answer is always yes; as the article notes, injuries that aren’t apparent at the scene often show up later. The right response could protect both your health and your legal rights.

The weather promises to be great here in L.A. the next few days; get out on your bike and enjoy it.

Category: Bikes & the Law, General, Legal Cases / Tags: , , , , , ,

No wonder we continue to die on California streets, when CHP says killing a cyclist is just an accident

December 6, 2011 / / 5 comments

This morning I received the following email from Chris Willig regarding the tragic death of Hollywood writer/producer Carol Schreder while riding on Mulholland Hwy last Saturday.

A public spokesperson for the CHP West Valley station stated in a phone call Monday that no citation has been issued nor is there likely to be one in the December 3rd death of cyclist Carol Schreder in a tragic traffic incident on Mulholland Highway in Malibu.

He indicated that it was a “unfortunate accident” caused when a possibly inexperienced driver of a van towing a trailer applied the brakes too hard. This caused the trailer to force the van to the right in a jack-knife. The rear end of the van caught Carol who was riding on the right of the fog line severely injuring her. She later died in hospital. Because there was no “criminal intent”, charges against the van’s driver are not being considered.

Wait a minute.

Since when has “criminal intent” been a required element for a traffic infraction?

Under that standard, no one would ever be held accountable for any traffic violation in California. No tickets for running red lights. No violations for driving drunk, since it would be impossible to ever prove intent.

Not even a ticket for distracted driving, since drivers could claim they just broke the law without thinking, and didn’t really mean to do it.

You know, just one of those things.

Like killing a cyclist.

And that, in a nutshell, is why you can count the number of knowledgeable cyclists who still have faith in the CHP on one hand, and have enough fingers left over for a well-deserved gesture.

After all, this is the same organization that said cyclists are responsible for the overwhelming majority of bike-involved collisions — based strictly on their own auto-centric investigations, as well as their pronounced lack of training in the rights and responsibilities of of cyclists and the physics of bicycling collisions.

Let alone that this is the same organization that advised Governor Brown to veto the state’s three-foot passing law.

And despite the fact that it only takes a quick scan of the California Vehicle Code to find a number of violations for which the driver could, and perhaps should, have been cited.

Like the California Basic Speed Law, for instance.

CVC 22350.  No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.

Even if strong crosswinds contributed to this collision, as some have suggested, the driver would have been in violation of the requirement mandating due regard for weather. And at least one other cyclist reports that the van was seen traveling at an excessive rate of speed just prior to the collision.

Then there’s the requirement to follow at a safe distance; the fact that the driver had to brake sharply to avoid the vehicle ahead offers prima facie evidence that the driver was in violation — let alone that there was a stop sign just 260 feet ahead of the point of impact.

CVC 21703.  The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon, and the condition of, the roadway.

And most damning of all is the requirement for drivers towing a trailer to maintain control of both vehicles.

CVC 41104.  In any case, involving an accident or otherwise, where any rear component of a train of vehicles fails to follow substantially in the path of the towing vehicle while moving upon a highway, the vehicle shall be presumed to have been operated in violation of Section 21711.

CVC 21711.  No person shall operate a train of vehicles when any vehicle being towed whips or swerves from side to side or fails to follow substantially in the path of the towing vehicle.

According to the standard set forth in CVC 41104, the simple fact that the collision occurred in the way it did is demonstrates a clear violation that the driver should have been held accountable for, regardless of a possible lack of experience.

And proof that the driver should have been found at fault for the collision, and the death that resulted.

By failing to hold a killer driver responsible for his actions, the CHP has not only failed Carol Schreder, her family and loved ones, but the entire cycling community.

Because we will continue to die on California roadways as long as authorities allow drivers to break the law with impunity.

And just drive away, regardless of the consequences.

If you’re not pissed off yet, maybe you should go back and read this again.

Anyone with information on this case is urged to contact the CHP West Valley Station 5825 De Soto Ave, Woodland Hills 91367-5297; 818-888-0980; maybe if they hear from enough witnesses they’ll reverse this outrageous decision.

Category: Bicycle Safety, Bikes & the Law, Injuries and Fatalities / Tags: , , , , , , ,

Through the looking glass — L.A.-area communities suddenly become bike friendlier

November 18, 2011 / / 12 comments

I was wrong.

It was only a couple years ago that Santa Monica was named a Bike Friendly City by the League of American Bicyclists.

And even though it was just a Bronze level designation, I felt, like a number of other local riders, that the award was premature at best.

From frequently blocked bike lanes to a heavy-handed response to Critical Mass, and a Class III bike route on Lincoln Blvd that could only be considered an attempt to thin the herd, it seemed clear to everyone other than LAB that the day was long off when the city could be considered even remotely friendly to cyclists.

Remarkably, that day is here.

Just over two years later, Santa Monica is leading the way to becoming one of the state’s most bike-friendly cities, setting an example for every other town in the county, with the single exception of Long Beach.

Bike lanes and sharrows are appearing at a rapidly increasing rate. The city’s first bike corral has recently opened at 5th and Arizona. A new Bike Action Plan, which has been widely praised by cyclists, nears final approval by the City Council next week.

Even life-threatening Lincoln Blvd may soon see changes, as Santa Monica prepares to assume authority for the street from Caltrans, which seems more than willing to accept a few fatalities in exchange for an emphasis on vehicular traffic flow — even though it barely moves much of the day.

The police department has a new commitment to working with — and protecting the rights of — cyclists, with SMPD Sgt. Thomas McLaughlin serving as an effective counterpoint to the LAPD’s Sgt. David Krumer.

And on Friday, the city gets its first Bike Center, one of two in the downtown area that will provide riders with secure parking and showers.

More importantly, there seems to be a shared commitment throughout the city administration to make cyclists feel welcome — and safe — on the streets of Santa Monica.

Funny thing is, it’s not just SaMo.

Cities throughout L.A. County are suddenly stepping up to the bike-friendly plate.

Earlier this week, Burbank opened a new Bike Stop at their Downtown Metrolink Station — which is where you can find those cool new Metrolink Bike Cars that have everyone so excited.  Nearby Glendale recently adopted a Safe and Healthy Streets Plan, including a draft bike plan.

West Hollywood is working on a plan of their own, including a proposal to put bike lanes on busy Fountain Avenue, while L.A. is soon to open it’s first green bike lane, as well as a new separated bike lane on Downtown’s Spring Street.

The seven cities of the South Bay are just one away from unanimous approval of the Bicycle Master Plan. Even tiny South Pasadena approved a new bike plan that will add 24 miles of bike lanes to the city’s streets.

And those are just the ones I can think of off the top of my head.

Of course, there are still problem areas.

Like the Expo Bike Path, which is in danger of being derailed by a NIMBY lawsuit, while the planned bike facilities at the Culver City Expo Station face a misguided budget axe. And the supposedly final L.A. County Bicycle Master Plan, which still leaves a lot to be desired.

But even the biking black hole of Beverly Hills is making progress, limited though it may be.

And most shocking of all, the bayside ‘burb of Malibu, where cyclists have traditionally been regarded as some form of vermin, has inexplicably decided to explore achieving Bike Friendly status itself.

Like Beverly Hills, they have a long way to go.

Then again, so did Santa Monica just a few short years ago.

……..

Barricades at the pier force cyclists to detour

Speaking of Santa Monica, cyclists who ride the beachfront Marvin Braude bike path — now that most of the tourists have gone home and it is actually rideable again — have been stymied by construction barriers at the pier. Along with nearly universally ignored signs asking riders to walk around the detour zone.

The path was closed to allow a storm drain improvement project, supposedly from September 12th to October 21st.

But nearly a month later, it’s still closed.

So rather than go off half-cocked — as I have admittedly been known to do — I picked up the phone and called the number posted on the sign.

After my call was passed through a series of very friendly and helpful people, I eventually ended up with the engineer in charge of the project, who told me that the delay had been caused by the need to work around some unanticipated utility lines. And that they expect to reopen the bike path next Tuesday, just in time for the Thanksgiving weekend.

And that may just be the most important change as the city moves to greater bike friendliness.

When you can not only get the engineer in charge on the phone, but actually get a genuine response and answers to your questions, something very positive is going on.

Are you listening, LADOT?

……..

One last note.

I ran across this frightening item from the Orange County Register — at least, it should be frightening for anyone who rides behind the Orange Curtain.

Q. Sundays in Lake Forest are the worst: You have a pack of 50 to 75 cyclists riding up El Toro Road. My understanding of the bicycle law is that a bicycle must remain in the bike lane, and in the absence of a bike lane, the riders must stay as far to the right as safely possible. Instead, this pack rides four, five, six across.

– Mark Hermanson, Lake Forest

A. Perhaps Honk’s favorite county road that doesn’t include an ocean view is Live Oak Canyon Road, that windy, country ribbon of asphalt into Trabuco Canyon beneath a leafy canopy. And likely where those bikers go. And a road where cyclists have been known to at times dangerously, and selfishly, ride abreast of one another.

Yes, under state law, on a public road, riders are to be in the bike lane when they exist; so you and your pal can ride side-by-side if enough room exists. In the absence of a bike lane, in most circumstances, cyclists must stay as far right as possible, which would mean going it single file, or they face citations, Deputy Paul Villeneuve of the Sheriff’s Department’s Traffic Division kindly explained.

I don’t even know where to start.

As most cyclists should be aware, CVC 21202 requires cyclists to ride as far to the right as practicable — not possible — while offering a long list a exceptions allowing them to move to the left whenever appropriate.

While cyclists are required to ride in a bike lane where present, we enjoy a similarly long list of exceptions that allow the rider to exit the lane when necessary.

And there’s nothing in the California Vehicle Code that prohibits cyclists from riding two or more abreast. In fact, it’s not even mentioned anywhere in the code.

Which means that cyclists can legally ride abreast as long as they don’t impede traffic — which is defined as five or more vehicles following behind a slow moving vehicle and unable to pass; if they can pass, they’re not being impeded.

In fact, it’s often safer to ride two or more abreast when the lane is too narrow to share, in order to increase visibility and control the lane to prevent unsafe passing.

You’d think someone in law enforcement would know that.

And it’s scary as hell when they don’t.

Category: Advocacy & Politics, Streets and Infrastructure / Tags: , , , ,

Open letter to Gov. Jerry Brown — and a challenge to meet with L.A. cyclists

October 14, 2011 / / 3 comments

Dear Governor Brown,

By now, you’ve undoubtedly noticed a little anger  — okay, a lot of anger — directed your way from the cycling community.

Maybe you expected it when you vetoed SB 910, the three-foot passing law sponsored by Sen. Lowenthal. Or maybe you didn’t realize just how much we cared about this bill.

You see, one of the greatest dangers bicyclists face on the streets of this state comes from drivers who interpret the current requirement to pass cyclists at an undefined “safe distance” to mean anything that doesn’t actually come in contact with the rider.

No, seriously, more than one driver has actually told me exactly that when I confronted them about a pass that put my life and safety at risk.

There are many problems with that attitude.

The most obvious is that motorists frequently misjudge that distance and can collide with riders, either sideswiping them or hitting them from behind; in fact, at least two cyclists have been killed in hit-from-behind collisions since you vetoed SB 910. Maybe the drivers never saw the riders they hit. Or maybe they tried to squeeze by without giving the riders sufficient passing distance.

Chances are, we’ll never know. But many cyclists — myself included — believe their blood, and the blood of future victims, is on your hands as a result of your veto.

Of course, that’s just the tip of the iceberg.

Cyclists also face danger from cars that pass too closely when we have to swerve to avoid obstacles in the road, ranging from broken glass and potholes to other vehicles; a simple slight swerve to the left can mean a collision with a car traveling only a foot or two away.

Larger vehicles, such as trucks and buses, can pose other dangers. The slipstream of a large vehicle can be enough to blow a cyclist off his or her bike or off the road. And when larger vehicles pass too close, they can block cyclists from moving around obstacles in their way, such as parked vehicles.

Both of these have happened to me, right here in California. I’ve been blown off the road by a semi-truck that passed less — far less — than three feet away. And I’ve been blocked by a bus that passed too close, forcing me to swerve to the right and into the back of a parked car.

Fortunately, I survived both of those incidents with only minor injuries. Other bicyclists haven’t been so lucky.

Your veto message noted that you relied on the advice of Caltrans and the CHP in deciding to veto the bill. Unfortunately, you selected the two agencies most cyclists trust least to defend our rights and protect our safety.

Caltrans has a long-standing bias in favor of moving the greatest number of vehicles at the highest possible speed, resulting in poor road design and excessive speeds that continue to put all Californians in jeopardy. While they talk about making the roads safe for everyone, here in the Los Angeles area, at least, they often don’t even show up at meetings they’ve promised to attend to discuss safety improvements on our most dangerous roadways, such as Pacific Coast Highway.

Meanwhile, CHP officers receive little or no training in bicycle law, or in the physics of bicycling collisions, resulting in flawed collision investigations that too often result in blaming the victim — who may not be alive or otherwise capable of defending themselves.

These agencies gave you bad advice. Many of us believe they lied to you; at best, they failed to understand the application of SB 910 in real life situations.

Your veto message cited the specific fear that the 15 mph passing clause in this bill would cause drivers to slow dramatically in order to pass cyclists.

This hasn’t occurred in any of the other states that have a 3-foot passing law. So what is it about California drivers that makes you think they are incapable of driving safely?

The law clearly allowed drivers to pass cyclists in virtually any circumstance without slowing down, simply by moving three feet to the left or crossing the center divider when necessary. In the exceptionally rare event when that would not be possible, even under existing law, drivers would still be forced to slow down in order to avoid colliding with the riders in front of them, then wait for an opportunity to pass safely when traffic allows.

The only reason this clause was included in the bill was to allow drivers to pass cyclists around intersections or other congested conditions.

In choosing to veto this bill, you have chosen to protect drivers — who are already protected by crumple zones, airbags and seat belts — from rear-end collisions that are unlikely to ever occur.

And instead, you’ve put at risk every cyclist on our roads from dangerous passes that are almost inevitable. Cyclists who are protected by, at most, a helmet designed to offer protection from impacts only up to 14 mph.

To put that in perspective, an impact at the 35 mph to 45 mph speeds you cited has a roughly 80% risk of fatality, with or without a helmet.

In fact, your veto may have increased the risk to cyclists. Many riders have reported an increase in unsafe passing since you vetoed SB 910, as your veto sent a clear message to some drivers that it is perfectly legal to pass a cyclist at less that three feet.

Much less, in some cases.

Just today, I was passed by two separate drivers at distances of less than one foot — close enough that a simple sneeze on my part, or that of the driver, could have resulted in a fatal collision.

And it wouldn’t have been the driver who died.

Oddly, though, despite the anger and outcry you must surely be aware of — unless your staff has failed to inform you of the many Tweets, emails, blogs, letters to the editor and phone calls that have resulted from your veto — you have failed to respond in any way.

We complain, with great merit, I might add; yet your silence remains deafening. Which frankly, is the last thing I, and many other bike riders, expected when we gave you our votes.

Frankly, I am extremely disappointed in you. And have lost a great deal of respect for a man, and leader, I formerly held in high esteem.

It’s not like I’m a single-issue voter. There were, and are, a number of reasons why I supported your campaign and cast my vote for you to become our state’s governor.

But when that single issue could determine whether I, and other cyclists like me, live or die on our streets, it becomes a matter of overwhelming importance.

So I am issuing you a challenge.

Come down to Los Angeles, and meet with cyclists such as myself. Explain more clearly why you chose to veto this bill, because the explanation you gave just doesn’t bear close examination. Then listen to us as we relate the dangers we face on a daily basis, and discuss solutions that could improve safety for all riders and encourage more people to choose to ride bikes, instead of further clogging our roadways.

Our mayor — the one who proposed what eventually became SB 910 — held a similar bike summit. And yes, he had to face a lot of angry bicyclists. But ended up building a much better relationship with the cycling community than would otherwise have been possible.

It’s your choice.

You can talk to us now, or you can continue to hide in Sacramento.

But we’re mad as hell. With good reason.

And we’re not going to go away.

……..

The racers and organizers of Wolfpack Hustle’s inspiring victory over a Jet Blue flight to Long Beach will be honored by the City Council on Friday.

And frequent contributor Todd Munson writes to invite you to attend — or compete in — the UCI Spooky Cross Weekend in Irvine’s Hidden Valley Park this weekend, beginning with registration and course previews on Friday.

……..

LACBC thanks L.A cyclists for a successful Tour de Fat and CicLAvia. Russ Roca offers his usual great eye to capture both. KCRW interviews CicLAvia’s Heidi Zeller. Last weekend’s CicLAvia ran from South L.A. to OccupyLA. Joel Epstein looks at how CicLAvia can RENEW L.A. How to make CicLAvia even better; I’d suggest starting with a name that doesn’t require awkward capitalization in the middle of the word.

No, really.

……..

Bikerowave is having a party on Friday, October 21st and you’re invited. The Santa Monica Museum of Art invites you to ride with them in celebration of the Pacific Standard Time art festival. And Pasadena’s Art Night Ride rolls tonight.

……..

The newly released L.A. County Model Design Manual for Living Streets is now available online. Notes from last week’s barely announced BPIT meeting that took several cyclists by surprise, myself included. It only takes Damien six months to get new bike racks in his neighborhood. Gary looks at the forthcoming Main Street bike lanes and says it’s time to demand more than just the minimum. When it comes to shootings, cyclists aren’t always the victims. Maybe it’s a positive thing when drivers are embarrassed about texting or threatening cyclists. Bicycling magazine likes the distinctive new Helen’s kit. Long Beach lands next year’s international Pro Walk/Pro Bike convention. Friday is the last day to register for an advance discount for next month’s California Bike Summit. Rick Risemberg will lead another edition of his popular Bicycle Fixation’s “Stitching the River” ride on Sunday, Oct. 23rd. The Red Kite Prayer’s Patrick Brady goes on a mini-REI book tour to support his new book The No-Drop Zone; sorry Tustin, you missed it already. Here’s your chance to voice your opinion on how to take back Colorado Blvd in Eagle Rock. Metro rolls out ten new bike cars.

CalBike notes that two bike-friendly bills survived the governor’s chopping block. Why drivers should support biking infrastructure for other people. Oakland has a 16-year old biking prodigy. San Diego’s had a long love affair with the bike. October 25th is Bike Day in San Diego; as far as I’m concerned, every day is Bike Day. The San Francisco Bay Guardian looks at Gov. Jerry “Buzz ‘Em” Brown’s veto of the three foot passing law, as does former framebuilder Dave Moulton. A Goleta company offers a reward for information about a cyclist missing in Oregon for nearly a month. Alaska resident Dr. Janice Sheufelt wins her division in California’s Furnace Creek 508 ultra-endurance race last weekend.

A cyclist endures a hit, F.U. and run. Former Talking Head and current bike activist David Byrne offers a Poem to Cyclists. Every state gets back more highway funds than they pay in; which means roads are paid for with your tax money. Springfield Cyclist offers an inventive solution to a lack of bike lock. Yet another attempt to ban bikes, as the incredibly small-minded people of Hull WI demonstrate their auto-centric bias against cyclists, joggers and pedestrians in the name of safety; my suggestion is that all of the above should try spending their money outside the city limits for awhile. Chicago is sued for letting a Hyatt Hotel heir off the hook for assaulting a cyclist, who got arrested for defending himself. GM declares war on cyclists, much to the chagrin of almost everyone, then rapidly backs off and says so sorry. Rebuilding New Orleans results in a more bike-friendly city. Bike-friendly DOT Secretary Ray LaHood calls it quits at the end of this term, win or lose; he also calls attention to a 9-year old bike riding victim of distracted driving. Supporting bikeable cities isn’t liberal or conservative, so it’s time to stop the politicization of cycling. A South Carolina father is killed by an apparently driver-less SUV as he walked next to his bike riding son. The afore mentioned Dave Moulton urges cyclists to consider the risks and avoid irrational fear; if you don’t read his blog, you’re missing the insights of one of the last century’s best framebuilders. Several cyclists are injured in a Miami peloton mishap.

The fatal dooring of an Ottawa cyclist raises safety concerns and advice on how to ride safely, as a Canadian driver goes on trial for running down five cyclists in 2009. The case for and against licensing cyclists in Calgary. British cyclists stand up for a safer Blackfriar’s Bridge. Once again, an overly aggressive UK driver demands a cyclist get out of his way because we don’t pay the Road Tax that was no one has paid since 1937. So who is it that really needs to wear hi-viz? A “leaked” preview of the 2012 Tour de France draws a positive review. Pro cyclist Riccardo Ricco faces a 12-year doping ban. Moscow gets its first bike lane; oddly, it looks like some of ours. A surprisingly even-handed look at Australia’s mandatory helmet laws, and a good read no matter which side of the great helmet debate you take. An Aussie cyclist selfishly rides to work every day.

Finally, unless you’ve been out on the Serengeti, you’ve already seen the video of the cyclist rammed by a buck in South Africa. Meanwhile, Kiwi cyclists are under attack by marauding magpies. Closest I’ve come is being grazed by a golden eagle swooping down to snatch its prey on the side of the road; I don’t think it misjudged it’s approach so much as just didn’t care if I was in the way.

Then again, this heat wave has brought termites swarming into our bedroom, which makes me very glad I don’t own this bike right now.

Category: Advocacy & Politics, Best of / Tags: , , , , ,

Felony charges in SaMo road rage after all, and I nearly run down a seemingly semi-suicidal cyclist

October 5, 2011 / / 3 comments

I was wrong.

Twice, as it turns out.

Last week, I wrote that a report that the charges against SaMo road rager Jeffrey Ray Adams had been upgraded to a felony appeared to be incorrect, based on responses from both the DA’s office and the Santa Monica City Attorney’s office.

And I had previously written that any charge against Adams was likely to be filed as a misdemeanor rather than a felony, based on the victim’s lack of serious injuries.

Wrong on both counts.

Cyclist/attorney Dj Wheels reports that as recently as last Thursday, both offices still said the case had been referred to the CA. However, when he checked on it again today, he discovered that on September 23rd, the DA had filed two felony counts of assault with a deadly weapon, case No. SA078790.

Why two felony counts for the one incident, I have no idea. And no word on why the DA’s office changed their minds.

As I noted last week, Adams was scheduled to appear for arraignment on September 26th; a felony bench warrant was issued when he failed to appear. The warrant was recalled when he appeared on the 28th with a new attorney at his side.

A preliminary hearing is scheduled for November 2nd at the LAX courthouse.

My apologies to the victim, and to everyone else, for getting it wrong this time.

And thanks to the DA’s office for taking this case seriously, and to Dj Wheels for staying on top of it.

……..

Tuesday afternoon, I nearly hit a cyclist.

I was driving back from REI in Santa Monica, partly because I needed some new arm warmers and partly because our dog has had a difficult week. And like a typical Angeleno, there’s nothing she enjoys more than a ride in the car to cheer her up.

Just what I need, an auto-centric Corgi.

This particular cyclist was hugging the parking lane, riding closer to the curb between the parked cars, then coming back out into the traffic lane to go around parked vehicles.

When he moved back towards the curb in an extended space between cars, I took my opportunity to pass, moving slightly to the left just in case. Then watched him look back over his shoulder, my car clearly visible on his left. I responded by letting up a little on the gas.

And sure enough, even though we were in the middle of the block, he suddenly threw his arm out to signal a left turn and immediately cut across my path, forcing me to hit my brakes to avoid him.

Suddenly, I had a far different perspective on all those SWSS collisions — Single Witness Suicide Swerve — in which drivers swear the cyclists they hit pulled out in front of them without any warning.

Because I was that close to being one of them.

Fortunately, I recognized the warning signs and reacted in time, although my move to the left actually increased the risk of a collision by putting me closer to him as he cut across.

Although if it hadn’t been another cyclist following behind him and recognizing the warning signs, he might not have been so lucky.

Then, oddly, I came home to read a few online news stories I’d been saving from the weekend, and discovered one from a British cyclist who had a nearly identical experience.

And went back to talk to the offending rider the next day.

……..

Governor Brown has just five days to sign SB 910, the 3feet2pass bill, despite opposition from the CHP — and eloquent support from a retired CHP officer paralyzed on the job. Best biking buddies Lance and Tony urge the re-governor to sign, too.

……..

Joe Linton offers a behind-the-scenes look at Sunday’s CicLAvia, while Mayor Villaraigosa stands up for it. This year’s route will cover 10 blissfully car-free miles. Bikerwave is closing Sunday so they can be there; maybe they’ll meet with some of the candidates for city council in CD15 hosted by Bikeside.

And half of your Veggie Grill purchase tonight will go to support CicLAvia.

Speaking of Linton, he offers a remarkable review of the results of the recent ThinkBike workshops for Downtown, Pacoima and South L.A. And likes what he sees, despite complaints about the process from some quarters.

……..

Gas 2.0 says no one walks in L.A., but we do bike. KPPC’s Air Talk program talks bikes with the co-author of The Urban Cyclist’s Survival Guide. Jaclyn Andrea Garcia is scheduled to start her jail sentence on Thursday. LADOT is three-quarters of the way to its first 40 mile annual bikeway commitment, assuming you count sharrows. A beginner’s guide to surviving the streets of Los Angeles. South Pasadena plans a new citywide bike network. Santa Monica gets a new bike riding training course. Bike-friendly UCLA offers students free use of a new $1400 repair station, while free air stations are a big hit in the South Bay. Long Beach is ready for its close-up. A bike riding Downey gardener refuses to use power tools. The importance of overcoming obstacles of the mind when you ride.

Temecula police arrest an 18-year old mask-wearing cyclist who appeared to be casing parked cars; okay, but how exactly do you ride suspiciously? An OC cyclist loses control on a busy roadway and slams into an SUV; sounds like he’s lucky that’s all he lost. Corona del Mar cyclists could soon have new signs and striping at key intersections. The Voice of San Diego says it’s time to fix the city’s cycling problems; as usual, the comments offer the same battle between cyclists, bike haters and vehicular cyclists you’ll find on almost any online infrastructure story. A lightless cyclist is sideswiped by a Chico State University police officer. If you’re looking for an emotionally charged name for a new hockey team, how about Critical Mass?

Tea Party members who criticize “socialist” bikeways might be surprised to learn arch-conservatives have supported cycling for over 40 years. What can be done to cut the unacceptably high rate of cycling fatalities. Evidently, drivers don’t like other drivers, either; turns out we’re all responsible for the tensions on the street. Bob Mionske says it’s time to stop blaming the victims. A Hawaii father says urges cyclists to make an informed choice on wearing a helmet. Bikes, cars and trucks attempt to occupy the same space/time on Seattle streets. As if the endless conflict between cars and bikes isn’t bad enough, in Colorado it’s cyclists vs. sheep dogs; I’ve had a few stare downs with stray flocks myself, but can’t recall a run-in the with the dogs guarding them. Texas A&M cracks down on cyclists for their own good, while bike laws don’t protect cyclists at LSU. If you don’t have plans for next May, you might consider the Tour de Rouge, a six-day ride from Houston to New Orleans; any ride that gets you out of Houston and ends in the Big Easy can’t be bad. Chicago bans hand-held cell phones and texting by cyclists; having watched in amazement as texting cyclists blundered into dangerous situations, I seriously do not have a problem with that. Senator Chuck Schumer walks, but apparently doesn’t ride, the Prospect Park West bike lanes his wife continues to fight, even though opponents knew their case had no merit. The Wall Street Journal puts a couple of negative bike studies in perspective, and not surprisingly, the results look a lot different from what the press has been reporting with baited breath; thanks to George Wolfberg for the heads-up. Streetsblog points out that bike-on-pedestrian injuries actually dropped as bicycling rates soared. Why DC needs their version of L.A.’s bicyclist anti-harassment ordinance.

Bicycling uses Geraint Thomas as an example of how to fall right, and offers eight examples of why The Cannibal may be the greatest cyclist of all time; no offense, Lance. Lululemon steps in to save the highly successful HTC-Highroad women’s team. New Calgary bike lanes oddly force riders to swerve out into the traffic lane. After nearly getting killed in an Arizona collision last year, adventurer James Cracknell cracks just 68 miles short of a tandem crossing of the British Isle; amazing that he could make it that after nearly dying last year. British cyclists prepare to go back to Blackfriars Bridge to demand safer cycling conditions. Another tragic — and predictable — London cycling death. The Dutch Cycling Embassy says cycling is for everyone, even if Dutch cyclists may not be qualified to ride in the UK. An Aussie magazine puts bike locks to the test. Tokyo police crack down on fixies (correction: Rick Risemberg points out they’re only going after brakeless fixies). Biking regains popularity in China.

Finally, cool L.A. bike jazz — and a cool L.A. bike jazz video — from Garfield Adams; I’ve started my day with this video for the past five days and it hasn’t failed to put a smile on my face yet. The music track is every bit as good without the bikes, too.

And I’m all for innovation when it comes to bike wheels, but no. Just no.

……..

One other quick note: I was hoping to highlight an exciting and heartbreaking new exhibit honoring fallen cyclists at the end of this month, but this post got a little too crowded. I’ll try to get to that in the next day or two.

Category: Bicycle Safety, Bikes & the Law, Legal Cases / Tags: , , , , , , ,

Update: San Diego cyclist dies two days after dooring

September 30, 2011 / / 16 comments

This is not the way we wanted to end the week.

Early Friday morning, a San Diego cyclist died of injuries he received after getting doored Wednesday evening.

The incident occurred around 7 pm Wednesday when 30-year old Justin Newman of San Diego was riding west on University Avenue near Kansas Street.

According to the Union-Tribune’s Sign On San Diego website, as he passed a 2008 Dodge sedan parked on the side of the street, the driver opened the door into his path. He hit it and fell into the street, suffering a major closed head injury.

He was pronounced dead at 1:30 am at Scripps Mercy Hospital in San Diego.

For a change, none of the stories I’ve seen indicate whether Newman was wearing helmet, even though this is exactly the sort of relatively slow-speed impact that helmets are designed to protect against.

And despite common perceptions that often blame the cyclist for running into a door, it is almost always the motorist’s fault when a cyclist is doored.

Under section 22517 of the California Vehicle Code, drivers are responsible for ensuring that the street next to them is clear before opening a door. And it’s been that way for nearly 50 years.

22517.  No person shall open the door of a vehicle on the side available to moving traffic unless it is reasonably safe to do so and can be done without interfering with the movement of such traffic, nor shall any person leave a door open upon the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.

The driver should face criminal charges for Newman’s death under that statute, since there is virtually no way to door a rider without violating it. So it will be interesting to see if San Diego authorities, who aren’t always perceived as being supportive of cyclists, do the right thing.

Or if they say it was just another accident. And let yet another killer careless driver off the hook.

Newman was the 2nd San Diego area cyclist fatally injured in two days this week, and the 12th confirmed traffic-related bike fatality in San Diego County this year. He was also the 55th cycling fatality in Southern California since the start of the year, matching the annual total for the last two years on record.

Update: Chuck Lowery forwarded an earlier story from the Sign On San Diego site indicating that Newman wasn’t wearing a helmet when he was doored.

And that brings up a common misconception.

Bike helmets are designed to offer full head protection at impact speeds of up to 12.5 mph, and partial protection up to 20 mph. It’s highly unlikely that Newman’s head hit the pavement at a speed higher than that in a simple dooring; had he been wearing one, there’s a good possibility that he might have survived.

Where helmets offer little or no protection are the kind of high speed collisions most people wear them for. If you’re hit by a car or truck traveling at speed, a helmet may offer some protection, but it’s not a magic talisman that will miraculously protect you from injury.

Personally, I use something else for that.

And a helmet will do absolutely nothing to protect against injury to other parts of the body.

So by all means, wear your helmet; I never ride without mine. But know their limitations. Because the best way to survive a dooring, or any other collision, is to avoid having one.

My deepest sympathy to the family and friends of Justin Newman.

Category: Bicycle Safety, Injuries and Fatalities / Tags: , , , , ,

Successful ThinkBike with the Dutch, a touch of racing news and lots of links to start your week

September 26, 2011 / / 6 comments

The ThinkBike LA workshops presented by the Dutch consulate reached a successful conclusion last Friday, with stunning suggestions to remake key sections of the city to be more like the bike-friendly Netherlands.

By all — or nearly all — accounts, it was an unqualified success. Unfortunately, I was unable to participate because the Dutch neglected to check with my wife’s plans for my birthday before scheduling the event.

And speaking of the Netherlands, experience in some Dutch cities shows that removing traffic signals from intersections can actually make them safer.

……..

Italian Giorgia Bronzini successfully defends her women’s world road championship, while Marianne Vos of The Netherlands finished second for the fifth  — yes, fifth — year in a row, cementing her status as the Susan Lucci of pro cycling; the UK’s Mark Cavendish tops the podium for the men. Alexandre Vinokourov unretires for the second time. As professional bike racing has become more popular, it has also become more dangerous; thanks to Georg Wolfberg for the heads-up.

Meanwhile, a little closer to home, Cameron Dye and Lisa Norden win their respective divisions in the L.A. Triathlon.

And a 93-year old San Diego cyclist sets an age record in the 90+ category that didn’t even exist until he created it; I swear, I want to be just like him when I grow up.

……..

A Chicago cyclist, who claims riding an average of less than 40 miles a week makes him an expert on urban cycling, is highly critical of Critical Mass while plugging his book at least three times on a single web page.

Unless you count plugging his book’s Facebook page, which makes it five.

Personally, I’ve known more than a few bike commuters who do over 40 miles a day. Not a week.

……..

Work is starting on rehabilitating a five-mile stretch of the Marvin Braude Bike Trail in the Southbay. The top eight bike commuting major cities please raise your hand; not so fast Los Angeles. The Eastside is about to get the city’s first green bike lane. Santa Monica Spoke writes about Tuesday’s successful vote by the Venice Neighborhood Council to support the Main Street road diet. Bikeside’s Mihai Peteu says he supports the road diet, but it could — and should — be a lot better, and criticizes the LACBC for calling for better cyclist education instead of fighting for better infrastructure. Santa Monica prepares to observe Bike It! Day on October 5th, as participation continues to grow. Bike Beverly Hills updates the limited progress on making that city safer and more inviting for cyclists. The Source asks if getting around L.A. without a car is easier than it was 10 years ago; I can say that cycling is significantly better than it was just a few years ago, while bus transit is worse. Tourists — and local residents — can now enjoy a one-day bike tour of L.A. Bike theft is up nearly 80% at Cal State Northridge.

The second annual OC Gran Fondo rolls October 8th. An Orange County pedestrian says she was injured by a distracted hit-and-run Huntington Beach cop; not surprisingly, the police claim it never happened. Cool new bike racks sprout in Escondido. Two cyclists are injured after being hit by a car on San Diego’s Mission Bay; just how hard is it to negotiate a simple curve along the beach? The new state Attorney General rejects the San Diego Association of Government’s proposed transportation plan as inadequate. A San Francisco bus driver is accused of rolling over a cyclist’s arm after passing her too close, then just driving away. A Chico teenager is in a coma after he’s deliberately hit by a truck while trying to stab the driver’s friend following a failed bike-jacking. An SF neighborhood group with a history of prevarication targets a three block link in a cross city bikeway. An Oakland cyclist is killed after losing control of his bike and hitting an oncoming car head-on. Once again, state law fails to support the victim in a fatal DUI case; thank God we’re protecting the rights of dangerous drivers to go out and do it again. And again.

In case you missed it, this is what dooring looks like — and why it’s so dangerous. How to bike in heels; not normally a problem I have to deal with, though now that I shave my legs, who knows? A new rear-view camera projects the images behind you onto a handlebar-mounted LCD screen so you can watch in real time as a driver runs you over. Hawaii cyclists push for a vulnerable user law. A cyclist in my home town witnesses a fatal hit-and-run; the victim this time was a female bear cub. That New York study showing 1,000 pedestrians are injured by cyclists every year is called “pretty thin” by a colleague of the authors, while an NYC woman asks the cyclist who hit her to contact her to pay for a new pair of pants and a doctor’s visit; good luck with that, unfortunately. An all-night bike ride by hundreds of cyclists is part of a Columbia class on the history of New York City. Reports are that D.C. police are being urged to fight crime by stopping cyclists in largely minority areas and impounding their bikes if they can’t prove ownership. Nine DC council members introduce a proposed anti-assault law based on L.A.’s new bicyclist anti-harassment ordinance. NPR reports that biking infrastructure has hit some speed bumps on Capital Hill.

Ottawa police charge the victim for not having rear reflectors after an 18-year old rider is hit by a car. A British Columbia rider wants to thank the cyclist who cared for him and his young son after he blacked out following a bad fall in an off-road park. A British cop is killed while riding drunk after downing a few pints with his fellow officers.

Finally, ever feel like flying when you ride? No, I mean really flying; thanks to KCRW’s always charming and elucidating Kajon Cermak for the link. Though I don’t know if these DIY kitty liter panniers would work with that bike.

And a Downey reporter follows a cyclist being recorded riding naked in Long Beach; though if the rider was in fact wearing a cape and helmet, I don’t think he was technically naked.

Category: Advocacy & Politics, General, Streets and Infrastructure / Tags: , , , , ,

Jeffrey Ray Adams and the Santa Monica road rage case — call it Dr. Thompson lite

September 2, 2011 / / 16 comments

View of collision site shows how hard driver had to turn to cross center median; photo courtesy of Steve Herbert

Some of you have wondered why I haven’t written about the Santa Monica road rage assault that took place one week ago Thursday, other than a brief link earlier in the week.

It wasn’t for lack of trying.

I first became aware of this case on Saturday morning when a reader named Joy forwarded an email that had been sent to members of the Conejo Valley Cyclists.

In it, the author — who I won’t identify, since he hasn’t been publicly named by other news sources for reasons that escape me— told his side of the incident that occurred on Barnard Way on the evening of August 25th.

He described an ongoing dispute that continued as he rode down the street, as an angry driver repeatedly cut him off, gesturing and swearing. The rider responded by swerving into the paved median area, planning to pass the driver on the left when the car stopped for a stop sign. Instead, the driver, Jeffrey Ray Adams, cut sharply to the left across the rider’s path, causing a collision — apparently intentionally, in an incident all too reminiscent of the infamous Mandeville Canyon case.

Then to make matters worse, Adams continued to threaten the victim, as well as bystanders who intervened to protect him, in a video capturing the events that followed the collision.

I immediately reached out to both the victim and to Sgt. Thomas McLaughlin, the Santa Monica Police Department’s new liaison to the cycling community — sort of like LAPD Sgt. Krumer, but taller and closer to the coast.

Sgt. McLaughlin responded quickly to let me know he was off that day, but would pull the file the following day (Sunday) and get back to me.

As for the rider, I never heard back.

Which is odd, since he followed up on his first email with another directed to some 30 recipients, including members of the LACBC, Los Angeles Times and Santa Monica City Council, among others, asking them to report the story and demanding justice.

Note to cyclists: If you want someone to tell your story, trying responding to emails offering to do just that. Just a hint.

Meanwhile, Mihai Peteu of Bikeside broke the story later that night, with a link to the same information that Sgt. McLaughlin had offered to pull for me the next day. His story provided the name of the driver, as well as reporting that Adams had been booked on a charge of Assault with a Deadly Weapon and released on $30,000 bail.

Sgt. McLaughlin confirmed that Bikeside’s story contained all the relevant information he would have been able to give me from the incident report. And since Mihai had already reported everything I knew — and even turned the You Tube video the right way — I was more than willing to let them run with it.

Meanwhile, the story was soon picked up by the Santa Monica Mirror, LookOut News, Santa Monica Daily Press and L.A. Weekly. Although the first, and best, of news report came in a detailed story from the Canyon News.

Which meant that there was really no point in writing about it until I had something to add.

Which is, simply, this.

While cyclists are justified in their outrage over this dangerous and deliberate assault, this is not another Mandeville Canyon, despite the similarities.

In that case, the driver jammed his brakes directly in front of two riders, resulting in serious injuries to both, simply because they were in his way. Then the Good Doctor, who made his living treating trauma victims like the two he had just created, stuck around expecting a pat on the head from the responding officers. And was shocked to find himself cuffed in the back of a patrol car, because he’d gotten away with it before.

In this case, there was an ongoing dispute between the driver and cyclist; what started it, we have no idea. Although the rider’s initial email suggests the driver may have simply been pissed off to find himself stuck behind a cyclist on a road too narrow to allow passing, even though said rider said he was traveling at the 25 mph speed limit at the time.

But despite the outrageousness of the driver’s attack in turning directly into the path of the rider — then repeatedly claiming the rider hit his car and trying to goad witnesses into a fight — the bottom line is that the cyclist apparently suffered only minor injuries.

Or at least, what’s considered minor under the law. And under California law, that makes the crime a misdemeanor, rather than a felony. Even if his $3,000 bike was totaled.

Which is why Adams was out on just $30,000 bail within hours of his arrest.

The incident is still under investigation. And chances are, Adams will end up facing charges; his actions were clearly deliberate, there were too many witnesses and he made far too many stupid statements in front of a camera.

Unfortunately, it’s not against the law to be an idiot.

Or a jerk.

Then again, if it was, I could have faced my third strike years ago.

Whether he’ll do any time is another matter. Especially considering that Jaclyn Andrea Garcia is looking at just one year in jail — or in reality, six months or less — for nearly killing a cyclist while driving drunk, despite being underage.

And writing every council member in the City of Santa Monica won’t make a damn bit of difference.

What will make a difference, for other riders who find themselves in similar situations — and no, this is not the first time something like this has happened and it won’t be the last — is to get yourself out of it. Whatever it takes.

I’ve learned the hard way that it doesn’t pay to have an angry driver behind you. Or in this case, in front of you.

Or beside you, for that matter.

So when a driver rages, pull over and let him pass. Or take the next turn and go a different way, as I did recently in a similar situation just blocks from where this happened.

And no, it wasn’t the same guy. Which means there are at least two of them out there roaming the streets of Santa Monica.

It’s not always easy. But it’s just not worth it to confront a threatening driver armed with a multi-ton four-wheeled weapon of mass destruction.

Especially now that the newly passed L.A. cyclist anti-harassment ordinance will become law on Monday. Not that it would help in Santa Monica, of course.

Just take down the license or grab a photo if you can, note any other details, and get the hell out of the way.

And never, ever flip off the driver behind you.

Trust me on that one.

Category: Bikes & the Law, Car vs Bike, Legal Cases / Tags: , , , ,

SaMo cyclist deliberately assaulted; alleged Jorge Alvarado killer plays soccer in Texas

August 18, 2011 / / 2 comments

I’ve gotten reports of an intentional assault on a cyclist in Santa Monica on Wednesday.

Cyclist Will Ashe sends word that the driver of a black Lexus GS 470 deliberately rear-ended another rider on Colorado Ave, then fled the scene. Police were called, but the victim got the license plate number wrong.

I can tell you from personal experience that it’s hard to get the number right when you’re trying to pick yourself up off the pavement.

Be on the lookout for a car that meets that description driven by an African-American man. But remember that there are probably hundreds of cars like that on the Westside.

So don’t get carried away.

Call the police, and let them deal with it.

Update: In my rush to get this online last night, I neglected to mention that the rider is okay, though the bike has a tacoed rear wheel.

……..

Good news and — to me, at least — maddening news on the legal front.

Cyclist and attorney Dj Wheels reports that the judge has denied a motion to suppress evidence in the case of Shawn Fields; the allegedly drunk hit-and-run driver is accused of killing 17-year old cyclist Danny Marin in Pacoima last October.

The defense had argued that police did not have a warrant when the entered Fields’ house after he did not respond when they saw him sleeping inside. As a result, they wanted everything officers observed after entering the home suppressed, as well as the results of blood alcohol and field sobriety tests.

However, the judge ruled that the police did the right to enter the home based on probable cause and exigent circumstances.

The next court date is pre-trial hearing scheduled for September 20th at the San Fernando courthouse, case # PA068775.

Meanwhile, in the case of Patrick Roraff, the teenage driver accused of killing pro cyclist Jorge Alvarado while street racing in April of last year, has had his pretrial hearing delayed until September 1st, case #SB – FSB1002475.

Wheels reports that attorneys for Roraff and co-defendant Brett Morin have both filed motions to have their charges dismissed for insufficient evidence; Roraff has also filed a motion to have his charges reduced from felony manslaughter to a misdemeanor; I’m told that both motions are routine.

Don’t go looking him around here next month, though. Despite the seriousness of the charges he faces, the judge had given Roraff permission to travel to Texas with his school soccer team.

So let me get this straight.

Despite — allegedly — killing another human being because he couldn’t resist the urge to illegally race another driver, he gets to play soccer with his friends, while Jorge Alvarado’s family and loved ones face going on without him.

Am I the only one who finds that more than a little infuriating?

……..

The California Bicycle Coalition calls for action to support AB 345 to give cyclists and pedestrians the voice with Caltrans we should have had all along.

……..

Intriguing idea, as Streetsblog’s Damien Newton reports — and supports — an idea floated by the city’s Bicycle Advisory Committee to elevate the planned Expo Bikeway over several busy Westside intersections.

And speaking of Streetsblog, Damien looks at bike-friendly Long Beach this week.

……..

Looks like someone is deliberately trying to sabotage courses for next week’s USA Pro Cycling Challenge in Colorado. Evidently feeling a need to attack all former Tour de France winners, Floyd Landis accuses Alberto Contador of doping by association; he’s no doubt looking for dirt on Cadel Evans as we speak. Meanwhile, the Cadel effect results in an upsurge of interest in cycling Down Under. Vincenzo Nibali will defend his title in the Vuelta. Twenty-year old Portland racer Jacob Rathe goes pro with top-tier team Garmin-Cervelo; evidently, Taylor Phinney isn’t the only pro cycling prodigy.

……..

A writer for the Baltimore sun reminds us that bikes can kill, too.

However, a tiny bit of perspective might be helpful — you can count the number of people killed by bikes each year on one hand and still respond with the inappropriate gesture of your choice, while motor vehicles kill well over 30,000 people a year in the U.S. alone.

Of course, the people who hate bikes also tend to forget that colliding with a pedestrian is just as likely to result in serious injuries or death to the cyclist. And it isn’t always the cyclists’ fault. But maybe the solution is as simple as better infrastructure.

……..

LACMA will offer a free screening of Pee Wee’s Big Adventure this Friday. More on the new 7th Street road diet and bike lanes from EcoVillage, CicLAvia and LADOT Bike Blog; I rode them myself Wednesday evening, but I’ll save that story for another day. Bicycle Fixation offers a lovely look at a bike Sunday in Santa Monica. CicLAvia expands into South L.A. and Olvera Street and Chinatown. C.I.C.L.E. says studies show exercise increases lifespan, so why aren’t we? A look back at biking in L.A. circa 1901. Photos from the newly upgraded section of the Ballona Bike Path in Culver City. UC Irvine makes a dent in campus bike thefts by arresting five suspected thieves, one for the third time; does the third strike law apply to bike theft? Meanwhile, Manhattan Beach police arrest another four bike thieves; 9 down, a few thousand or so to go. Live 4 Bikes, a new bike shop is officially opening in Bellflower this weekend, and offering free tune-up for the first 50 customers. Temple City plans to install protected bike lanes on Rosemead Blvd. The Claremont Cyclist asks why the recent stories about deaths in Yosemite ignored the park’s leading killer. Sometimes, when everything goes wrong it turns out better. After a flurry of activity by local advocates, Newport Beach’s illegal, though long-standing, ban on bikes on a local street is coming down, despite claims that it really wasn’t a ban after all, despite what the sign says.

L.A.’s own former National Criterium champ Rahsaan Bahati wins the Ladera Ranch Grand Prix; San Diego’s Trina Jacobson takes the women’s crown. San Diego hosts a successful Courteous Mass. Drivers complain about cyclists, cyclists complain about bikers. A Fairfield cyclist suffers life-threatening injuries after witnesses say he ran a red light and rode into the path of a turning car. A bill increasing penalties for using a hand-held cell phone or texting while driving goes to the Governor’s desk — and extends the prohibition to cyclists, as well, so hang the damn thing up when you ride, already.

More evidence that bicycling is a lot safer than people think; still, Bob Mionske says it’s a good idea to wear a helmet — legally as well as medically — even if you don’t have to. It may be the end of the road for motormania. Utah hit-and-runs are on the rise as more people ride bikes. A beginner’s guide to safe cycling from my hometown, good advice that would work anywhere. More on the Black Hawk bike ban going to the Colorado Supreme Court. Compete Streets is now the law in New York state. There’s good news for NYC cyclists as the lawsuit against the popular Prospect Park West bike lanes is dismissed. After a shattering hit-and-run, New York police do…not much. Another day, another Daily News hack job on Gotham cyclists; judging by their reports, Daily News reporters would rather deal with a zombie apocalypse than an infestation of bike riders. Defining bikers, cyclists and rolling pedestrians. The New York Times says Florida pedestrians have to run for their lives.

A look at the infamously popular Rosarito-to-Ensenada bike ride coming up next month. A Canadian street performer has his prop bike stolen during his act. Victoria police crack down on cyclists for not wearing helmets. A UK motorist is convicted of using two mobile phones to talk and tweet at the same time while driving — and making the police wait while he finished his call. No, seriously. Bike theft is a problem in the UK as well, as a 14-year old rider helps bust a bike theft ring. Free-to-use bike pumps appear in London. Why Cambridge is a model cycling city. Now you can ride your bike to look for Nessie. The first improved roads were built for and by cyclists, before they were co-opted by motorists. Seville, Spain experiences a 100 time jump in cycling levels in just four years, which would probably put the Daily News writers in a padded cell.

Finally, Danny MacAskill is back, doing the impossible on two wheels. And writing for Bicycling, pro cyclist Ted King says enjoy — truly, consciously enjoy — your next ride. And your life.

Now that’s a philosophy I can get behind.

Category: Bikes & the Law, Legal Cases, Violence & Crime / Tags: , , , , , ,
« Older Entries   Recent Entries »
Wordpress Theme by ThemeZee